VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01399 Package ID: USCOURTS-cofc-1_24-vv-01399 Petitioner: Meghan Lakata Filed: 2024-09-09 Decided: 2025-11-04 Vaccine: influenza; tetanus-diphtheria-acellular pertussis (Tdap); COVID-19 Vaccination date: 2023-10-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 94500 AI-assisted case summary: On September 9, 2024, Meghan Lakata filed a petition alleging a shoulder injury related to vaccine administration after receiving influenza and Tdap vaccinations on October 19, 2023. The stipulation also notes that she received a COVID-19 vaccine the same day. Ms. Lakata pursued the case as a SIRVA claim connected to the flu and/or Tdap vaccination. Respondent denied that her alleged SIRVA or residual effects were caused-in-fact by the flu vaccine or Tdap vaccine, and denied that those vaccines caused any other injury or current condition. Because the case resolved by stipulation, the public decision does not provide a clinical timeline, imaging, injections, therapy records, or expert analysis. On November 4, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded $94,500.00 as a lump sum, payable through counsel's IOLTA account for prompt disbursement to Ms. Lakata. A later February 27, 2026 decision awarded attorney's fees and costs separately. Theory of causation field: Influenza and Tdap vaccines on October 19, 2023, with same-day COVID-19 vaccination also noted, allegedly causing SIRVA; COMPENSATED by stipulation. Respondent denied causation-in-fact by flu and/or Tdap and denied any current sequela. Public stipulation contains no detailed clinical chronology or expert analysis. Award $94,500 lump sum. Chief SM Brian H. Corcoran, petition filed September 9, 2024; decision November 4, 2025. Attorney: Siri & Glimstad counsel; fee decision later separated from injury award. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01399-0 Date issued/filed: 2025-12-05 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/04/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1399V MEGHAN LAKATA, Chief Special Master Corcoran Petitioner, v. Filed: November 4, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 9, 2024, Meghan Lakata filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine and tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on October 19, 2023. Petition at 1, ¶¶ 1, 9; Stipulation, filed Nov. 4, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 1, 9-10; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner’s alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine and/or Tdap 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 2 of 8 vaccine; and denies that the flu vaccine and/or Tdap vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6. Nevertheless, on November 4, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $94,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MEGHAN LAKA TA, Petitioner, No. 24-1399V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULA TTON The parties hereby stipulate to the following matters: I. Meghan Lakata ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza (''flu") vaccine and tetanus ("Tdap") vaccine, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a) 2. Petitioner received flu and Tdap vaccines on October 19, 2023 .1 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"), a Table injury that was caused-in-fact by the flu and/or Tdap 1 On October 19, 2023, petitioner also received a COVID-19 vaccine. Vaccines against COVID- 19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CTCP"). See 85 Fed. Reg. 15198, I 5202 (March 17, 2020). Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 4 of 8 vaccmes. Petitioner fmiher alleges that petitioner suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner's alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine and/or Tdap vaccine; and denies that the flu vaccine and/or Tdap vaccine caused petitioner any other injury or petitioner's current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terrns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( 1) , the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $94,500.00 in the forrn of an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner, Meghan Lakata. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not 2 Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 5 of 8 primarily liable under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs ( other than Title XIX of the Social Security Act (4 2 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on October 19, 2023, and (ii) that petitioner has had, now has, or hereafter may 3 Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 6 of 8 have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about September 9, 2024, in the United States Court of Federal Claims as petition No. 24-1399V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on October 19, 2023, on its own or in combination with the flu and/or Tdap vaccinations administered on October 19, 2023, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 9, 2024, in the United States Court of Federal Claims as petition 24-l 399V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confom1ity with a decision that is in complete confonnity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 2 After entry of judgment reflecting a decision consistent with the tenns of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CTCP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 7 of 8 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injmy Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine and/or Tdap vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I 5 Case 1:24-vv-01399-UNJ Document 30 Filed 12/05/25 Page 8 of 8 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: - 1 0 M_/;( L~ rM ---4-L~~ HEATHER L. PEARLMAN LAW OFFICES OF LEAH V. DURANT, PLLC Deputy Director 1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division (202) 775-9200 U.S. Department of Justice ldurant@duran tile. com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey ~i~::~t~gned by Jeffrey -S for Beach Date:2025.10.2813:30:13 -04'00' CAPT GEORGE REED GRIMES, MD, MPH ~ LLE J. WEBSTER Director, Division oflnjmy Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W-18 (202) 451-7348 Rockville, MD 20857 cam i Il e. webs ter@usdoj.gov 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01399-cl-extra-11215008 Date issued/filed: 2025-12-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10748423 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1399V MEGHAN LAKATA, Chief Special Master Corcoran Petitioner, v. Filed: November 4, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 9, 2024, Meghan Lakata filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine and tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on October 19, 2023. Petition at 1, ¶¶ 1, 9; Stipulation, filed Nov. 4, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 1, 9-10; Stipulation ¶¶ 3-5. “Respondent denies that [P]etitioner’s alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine and/or Tdap 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). vaccine; and denies that the flu vaccine and/or Tdap vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6. Nevertheless, on November 4, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $94,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MEGHAN LAKA TA, Petitioner, No. 24-1399V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULA TTON The parties hereby stipulate to the following matters: I. Meghan Lakata ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program") . The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza (''flu") vaccine and tetanus ("Tdap") vaccine, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a) 2. Petitioner received flu and Tdap vaccines on October 19, 2023 . 1 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"), a Table injury that was caused-in-fact by the flu and/or Tdap 1 On October 19, 2023, petitioner also received a COVID-19 vaccine. Vaccines against COVID- 19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CTCP"). See 85 Fed. Reg. 15198, I 5202 (March 17, 2020). vaccmes. Petitioner fmiher alleges that petitioner suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner's alleged SIRVA or its residual effects were caused-in-fact by the flu vaccine and/or Tdap vaccine; and denies that the flu vaccine and/or Tdap vaccine caused petitioner any other injury or petitioner's current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terrns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( 1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $94,500.00 in the forrn of an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner, Meghan Lakata. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not 2 primarily liable under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h) . 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq ., (i) on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on October 19, 2023, and (ii) that petitioner has had, now has, or hereafter may 3 have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about September 9, 2024, in the United States Court of Federal Claims as petition No . 24-1399V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S .C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on October 19, 2023, on its own or in combination with the flu and/or Tdap vaccinations administered on October 19, 2023, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 9, 2024, in the United States Court of Federal Claims as petition 24-l 399V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties . 15. If the special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confom1ity with a decision that is in complete confonnity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 2 After entry of judgment reflecting a decision consistent with the tenns of this Stipulation, petition e r agrees that respondent will send this Stipulation to the CT CP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compens ation under the CICP . 4 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injmy Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine and/or Tdap vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I 5 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: 0 L ~ rM - M_/;( 1 ---4-L~~ HEATHER L. PEARLMAN LAW OFFICES OF LEAH V. DURANT, PLLC Deputy Director 1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division (202) 775-9200 U.S. Department of Justice ldurant@duran tile. com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. ~i~::~t~gned by Jeffrey Beach -S Date: 2025.10.2813:30:13 -04'00' for CAPT GEORGE REED GRIMES, MD, MPH ~ LLE J. WEBSTER Director, Division oflnjmy Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S . Department of Justice Administration P.O. Box 146 U.S . Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W-18 (202) 451-7348 Rockville, MD 20857 cam iIle. webs ter@usdoj .gov 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01399-cl-extra-11298546 Date issued/filed: 2026-03-31 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10831309 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1399V MEGHAN LAKATA, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 9, 2024, Meghan Lakata filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that that she suffered a shoulder injury related to vaccine administration a defined Table injury, after receiving an influenza vaccine and tetanus, diphtheria, acellular pertussis vaccine on October 19, 2023. Petition, ECF No. 1. On November 4, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 26. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,934.94 (representing $24,283.20 in fees plus $1,651.74 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 19, 2026. ECF No. 31. Furthermore, Petitioner filed a signed statement representing that she incurred $8.00 in personal out- of-pocket expenses. Id. at 2. Respondent reacted to the motion on February 2, 2026, indicating that he is satisfied that the statutory requirements for an award of attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded to my discretion. ECF No. 32 at 2-5. Petitioner filed a reply thereafter, requesting an award of fees and costs as indicated in the Motion. ECF No. 33. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 31-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $25,942.94 (representing $24,283.20 in fees plus $1,651.74 in costs, plus $8.00 representing Petitioner’s out-of-pocket expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2